Heiler v. Goodman's Motor Express Van & Storage Co.

*416The opinion of the court was delivered by

Parker, J.

The suit was to recover damages for personal injuries claimed to have been sustained by the plaintiff below by reason of a collision between a motorcycle on which plaintiff was riding and an automobile van belonging to and operated by a servant or servants of the defendant. At the trial the plaintiff was nonsuited on the sole ground that he was an alien enemy of the United States and was, therefore, barred from maintaining an action. This is urged as error, and also that the court refused the application of'the plaintiff when the question of…